Utah Magistrate Orders Davis County to Produce Sexual Harassment Investigation Files, Rejecting Summary Chart Defense

SALT LAKE CITY (LN) — In a memorandum decision and order issued April 14, U.S. Magistrate Judge Daphne A. Oberg granted the motion to compel filed by plaintiff Markie Transue, who alleges the county and its former police chief, Arnold Butcher, mishandled her sexual harassment complaints in violation of her civil rights.

Transue sought documents relating to other gender-based misconduct complaints during the relevant time period. In response, the defendants provided only summary charts of these complaints and argued that Chief Butcher’s detailed testimony covered the substance of the investigations.

The defendants contended that producing the underlying materials would be unduly burdensome, noting in a footnote that the files comprised hundreds of pages that are irrelevant to the dispute and would require substantial redaction for employee and witness privacy.

Oberg rejected the proportionality defense, writing that the documents are directly relevant to Transue’s claim that the defendants engaged in disparate treatment of her complaints compared to those of male employees.

"The defendants cannot simply create summarizing charts in response to her interrogatories while withholding documents responsive to her document requests," Oberg wrote.

The magistrate judge also dismissed the argument that witness testimony was an adequate substitute, stating that Transue is entitled to assess the relevant materials and test any witness testimony as appropriate.

Oberg ordered the defendants to produce all documents underlying the complaints they created, including complaints, investigation reports, and documentation of investigation outcomes, by May 5, 2026, or a date mutually agreed to.

However, the judge denied Transue’s request for attorneys’ fees incurred in bringing the motion to compel, ruling that the defendants’ position was "substantially justified" because they made a colorable argument regarding the burden of production.

Transue’s lawsuit, filed in the U.S. District Court for the District of Utah, centers on allegations that the county discriminated against her during her employment, including through the mishandling of her sexual harassment complaints.